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Understanding the Cost of Hiring a Workers’ Compensation Lawyer in New York


When faced with a workers’ compensation claim, one of the first concerns many people have is the cost of legal representation. Michael Serres, Esq., a partner at the esteemed New York law firm Pyrros, Serres & Rupwani, explains what you can expect when you hire a workers’ compensation lawyer.

No Out-of-Pocket Costs

One of the most significant benefits of working with a workers’ compensation attorney in New York is that you are not required to pay your attorney out of pocket. New York state law mandates that attorneys’ fees in workers’ compensation cases are taken as a percentage of the settlement or benefits you receive, not from your personal funds. This means that hiring legal help does not add a financial burden to your situation.

How Are Fees Structured?

The fees for a workers’ compensation lawyer are capped by law. Specifically, the maximum an attorney can charge is 15% of the compensation you receive and/or up to one-third of one of your weekly comp. checks. This fee structure is designed to make legal representation accessible  and reasonable while ensuring that your lawyer is motivated to help you secure the best possible outcome.


When a settlement is reached, the attorney’s fee will be directly deducted from your settlement amount at the statutory rate of 15%. This fee is only applied to the sum recovered, ensuring that your interests and those of your attorney are aligned towards securing the highest possible settlement.

Hearings and Ongoing Benefits

In cases where your claim does not settle immediately and requires hearings, or if you are receiving ongoing benefits due to inability to work, the fee structure adjusts slightly. If back pay is awarded, the 15% fee applies to this amount as well. For ongoing benefits, the fee might be a third of one of your weekly checks. For instance, if you are to receive $300 weekly, a $100 lawyer’s fee may be approved by a judge.

No Hidden Costs

It’s crucial to understand that the only fees you will encounter are those taken from the benefits you win; there are no hidden or additional charges. Your attorney’s goal is to assist you in receiving the compensation you deserve without upfront costs.

Always Available for Questions

If you have any concerns or questions about your workers’ compensation case or the associated legal fees, don’t hesitate to reach out to us. At Pyrros, Serres & Rupwani, we are committed to providing clarity and support throughout your case. Contact us at 718-626-7730 for a consultation and to discuss how we can assist you.

Hiring a workers’ compensation lawyer in New York can significantly ease the stress of navigating the claims process and improve your chances of receiving adequate compensation, all without any upfront financial burden. With a clear fee structure and no out-of-pocket costs, you can focus on your recovery while we handle the legal complexities.

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.